Basic Information about Special Administrators
What is a Special Administrator?
A special administrator is someone temporarily appointed by the court to do some very limited tasks when someone dies such as: determining the assets of a Decedent and the value of their estate, entering property of the Decedent that you have been denied access to, discussing emergency financial matters with creditors or a mortgage company, commencing or handling a lawsuit on behalf of the deceased party. Special Administrators are required to preserve the estate.
A special administrator does not have the right to keep or give away any assets. A separate petition to administer the estate will be required once you know the extent of the estate that needs to be handled, and the Special Administrator typically needs to file an inventory and accounting of all assets discovered.
The laws governing Special administrators are in Nevada Revised Statutes Chapter 140.
Why would I need to be appointed special administrator?
You may need to request to be appointed a special administrator if: (1) no one knows what the estate consists of or no one knows the value of the estate; (2) someone needs to protect the assets of the estate; or (3) there is a lawsuit pending involving the decedent and someone needs to step in and defend or participate in that lawsuit. A financial institution might tell you to seek special administration if you need information about a decedent's finances.
Who can request to be appointed a special administrator?
Any of the following can petition the court to be appointed a special administrator. Ideally, the person closest to the top of the priority list would make the request to the court.
- Spouse.
- Child.
- Grandchild.
- Other direct lineal descendants (such as great-grandchildren, etc).
- Parents.
- Siblings.
- Any family entitled to share in the distribution of the estate.
If you petition to be appointed a special administrator but there are others higher on the priority list than you, you will need their written consent to file with your request. You’ll have to provide the names, ages, relationships, and addresses of all persons who have equal or higher priority than you.
A special administrator must also: 1) be 18 or older, 2) be a Nevada resident (unless the will names you as a representative or you have a Nevada co-administrator), and 3) never have been convicted of a felony. If you do have a felony on your record, you can still petition to become special administrator, but the judge to decide if you can still be appointed. Felonies related to moral turpitude, theft, and financial-related crimes will prevent appointment. For drug-related and other felonies the judge must decide, based on the time that has passed since the crime and the severity of the crime.
Steps to petition to be appointed special administrator:
1. Obtain necessary documents. You'll need to gather a few things before filing.
2. Fill out the forms. There are 3 forms you'll need to fill out.
3. File the forms. File these at the District Court.
4. Wait to receive the signed order. There is usually no hearing.
5. Take the Oath to obtain Letters of Special Administration. This is done at the Clerk's Office
Read more about each step below.
1. Obtain Necessary Documents.
You'll need:
- Death Certificate. You will need to attach a copy of the death certificate to your petition.
- Relatives' Nomination. If there is a relative higher than you on the priority list of relatives above, you'll need to get their written consent showing they nominate you to be the special administrator. Ask each relative with higher priority than you to sign and notarize a nomination:
Nomination of Special Administrator (pdf fillable)
If there is a relative higher than you on the priority list who will not / cannot consent, make sure to explain why in your petition.
2. Fill out the forms
There are 3 forms you must fill out. List yourself as the 'petitioner' and the person who passed away as the 'decedent.'
Cover Sheet (pdf fillable) (select "Probate-Special Administration" in section II)
Request for Submission (pdf fillable)
Petition for Special Letters of Administration (pdf fillable) - attach a copy of the death certificate to this form.
3. File the forms
File the papers above along with any relative nomination forms at the district court in your county. Visit Find My Court if you are not sure where your local district court is located.
The court will charge you a filing fee to file your papers. The fee is different in every county. Find out from your local court what the filing fee will be.
If you cannot afford the filing fee, please see Filing Fees and Waivers to find out how to apply to waive the fee.
4. Wait for the order
Find out from your local court how to turn these papers in to the judge.
There is usually no hearing. The judge will review your papers, and if the judge approves your request, the judge will issue an Order appointing you the special administrator. The judge's staff might call you to pick up the Order, or they might send the Order to you in the mail.
Some agencies might request to see the certified copy of the order. You can order a certified copy from the clerk of court for a small fee.
5. Take the Oath to obtain Letters of Special Administration
Once you have the order, you’ll need to get Letters of Special Administration issued by the Clerk’s Office. This is what most entities will want to see in addition to the order before releasing information to you.
Fill out as much of the form as you can but do not sign it. Take the form to the clerk's office where the Clerk will administer an oath to you. The clerk will witness you taking the oath and you will both sign the Letters. You may need a certified copy of the letters after you have both signed the form.
